At the Constitutional Convention, delegates considered the report of the Committee on Fundamental Provisions. In response to a proposed amendment of John Dille of Preston County regarding suffrage, Peter Van Winkle exclaimed, "I would not disfranchise any man except for grave crimes and misdemeanors, and the only thing that does disfranchise a man is being under conviction of felony or treason. And the gentleman wants to put the non-payment of a petty tax on the same footing!"

December 5
Delegates at the Constitutional Convention debated the style of voting in elections, viva voce or ballot, and the question of the boundaries of the proposed new state. The Committee on Boundary reported a resolution that, in addition to the 39 counties named in the ordinance for the convention, would include Pocahontas, Greenbrier, Monroe, Mercer, McDowell, Buchanan and Wise counties.

December 7
Colonel Edward Johnson, commander of Confederate forces stationed at Camp Allegheny, wrote to Colonel C. L. Stevenson, Assistant Adjutant General for the Army of the Northwest, stating his belief that Union forces in the region were still active and would take advantage of a contemplated Confederate withdrawal. Union and Confederate detachments clashed at Camp Bartow.

Delegates to the Constitutional Convention continued to debate the boundaries of the new state before voting 27 to 15 to eliminate Wise and Buchanan but retain Pocahontas, Greenbrier, Monroe, Mercer, and McDowell counties.

December 8
Ferdinand Byland, Chief Clerk of the Quartermaster Department of the United States Army, was shot by a Union soldier, who was arrested immediately.

December 9
A Confederate detachment of about one hundred troops skirmished with Union scouts at Camp Bartow. Two Union soldiers were captured. Five Confederate deserters surrendered to Union forces at Cheat Summit Fort.

After debating whether to move to another subject for a time, delegates to the Constitutional Convention returned to consideration of the report of the Committee on Boundary, debating the second resolution on the possible inclusion of Craig, Giles, Bland, Tazewell, Russell, Lee, and Scott counties.

Delegates at Constitutional Convention continued to debate the second resolution before rejecting it and moving to the third resolution regarding the possible inclusion of Frederick, Jefferson, Berkeley, Morgan, Hampshire, Hardy, Pendleton, Highland, Bath, and Alleghany counties.

December 11
At the Constitutional Convention, debate on the third resolution continued with several members offering amendments to remove one or more of the counties included in that resolution. Delegates agreed to strike Alleghany, Bath, and Highland.

December 12
Debate on the third resolution continued at Constitutional Convention, with delegates finally agreeing to possible inclusion of Jefferson, Berkeley, Morgan, Hampshire, Hardy, Pendleton, and Frederick counties.

A skirmish erupted at Camp Bartow when a Confederate scouting party commanded by Major John D. H. Ross, ambushed the head of the Union column marching toward Camp Allegheny. Two Union soldiers were killed and at least five wounded.

December 13
Confederate troops of the Army of the Northwest, led by Colonel Edward Johnson, repulsed an attack by a Union force under the command of General Robert Milroy at the Battle of Allegheny Mountain.

At the Constitutional Convention, delegates considered the fourth resolution in the report of the Committee on Boundary regarding Clarke, Warren, Shenandoah, Page, Rockingham, Augusta, Rockbridge, and Botetourt counties but debate quickly shifted to questions regarding counties included in resolutions already approved. Delegates finally adopted the report, then agreed to a resolution to recommit it to the committee "with instructions to report a provision to be inserted in the Constitution embracing the substance of said resolutions and fully defining the boundaries of the proposed new State." Delegates then took up the report on Fundamental and General Provisions.

December 16
Colonel Edward Johnson issued a congratulatory address to his Confederate soldiers for their victory in the battle of Allegheny Mountain: "While we have abundant cause to thank God for this victory, let us not forget the gallant dead who fell by our sides, and whom we buried on Allegheny. Remember their gallantry, and emulate their example."

Senator James Carskadon, representing Hampshire, Hardy, and Morgan counties in the Reorganized Government of the Virginia, introduced a resolution calling on the Committee on Courts of Justice and General Laws to consider a bill "prohibiting persons who are or have been willingly engaged in the present rebellion against the Government of the United States, from voting." The committee would later report adversely on this resolution.

December 17
Henry Ruffner, minister, educator and author of the anti-slavery publication Address to the People of West Virginia, died in Malden.